Maryland Dredging & Contracting Co. v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The facts, which involve the construction of a contract with the United States for excavation of a channel, and the liability of the contractor for damages for delay in completion, are stated in the opinion. The submerged forest encountered as it was entitled appellant to an extension of time. Appellant is also entitled to such extension under paragraph 16 of the specifications, and Article Y of the contract.
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APPEAL FROM THE COURT OF CLAIMS. The facts, which involve the construction of a contract with the United States for excavation of a channel, and the liability of the contractor for damages for delay in completion, are stated in the opinion. The submerged forest encountered as it was entitled appellant to an extension of time. Appellant is also entitled to such extension under paragraph 16 of the specifications, and Article Y of the contract. Provisions of contract and specifications relieving contractor from performance are equivalent to the phrase “Act of God” as defined in 1 Cyc. 758, and…
1Opinion of the CourtJustice Holmes
This is an appeal from a judgment of the Court of Claims dismissing the claimant’s petition ■ upon demurrer. On August 15, 1908, the claimant made a contract with Captain Brown of the Engineers, acting for the United States, to excavate a channel from Beaufort Inlet to Pamlico Sound through Core and Adams Creeks in conformity with specifications made part of the contract. It was approved on September 10 and required the work to be begun within forty-five days after date of notification of approval, September 14, and to be-completed within eighteen months. The work not having been finished on…
2Cases cited2 opinions
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Carnegie Steel Co. v. United StatesSupreme Court of the United States · 1916
3Cited by19 opinions
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- Fortune Bridge Co. v. Department of TransportationSupreme Court of Georgia · 1978
- Dj Manufacturing Corporation v. United StatesCourt of Appeals for the Federal Circuit · 1996
- United States v. Paddock. In Re Globe Aircraft CorporationCourt of Appeals for the Fifth Circuit · 1950
- Six Companies of California v. Joint Highway Dist. No. 13Court of Appeals for the Ninth Circuit · 1940
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